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(영문) 창원지방법원 진주지원 2014.07.15 2014고단610

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2013, at around 23:00, the Defendant: (a) provided “C” Moelless rooms located in Hadong-gun B, Hanam-dong; (b) provided “C” Mail-gun B with a juvenile who became aware of smartphone-making hosting pattern and a single sexual intercourse; and (c) provided KRW 100,000 as a consideration for doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D;

1. Investigation report (Attachment to a detailed statement of Kakao Stockholm exposure);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the screen screen pictures);

1. Article 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), the selection of a fine for criminal facts and the selection of a sentence

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Article 13 of the former Act on the Protection of Children and Juveniles against Sexual Abuse, which was ordered to complete a program, is the case where the defendant purchased the sex of a juvenile who is merely 16 years of age, and the act of buying sex against a child or juvenile may have a serious adverse effect on the formation of sound sexual values of children and juveniles who did not have a sex awareness, and thus, it is necessary to strictly punish the defendant.

However, the defendant recognized his mistake and reflects the fact that the defendant is the first offender who has no criminal record, etc., and the defendant shall be punished as ordered by taking into account the circumstances favorable to the defendant, the age, character and conduct, family environment, motive and circumstances leading to the crime of this case, and all the factors of sentencing as shown in the arguments of this case, such as the circumstances before and after the crime, etc.

Where a conviction against a defendant who shall submit personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.